Judgment

D.K. Jain, J. —

1. Leave granted.

2. This appeal, by special leave, is directed against the Judgment and Order dated 7th October, 2005 rendered by the High Court of Orissa at Cuttack in W.P. (C) No.12860 of 2004. By the impugned Order, the High Court has dismissed the writ petition, preferred by the appellant assailing the decision of the Election Tribunal-cum-District Judge, Balasore, passed under Section 38 of the Orissa Municipal Act, 1950 (for short ‘the Act’).

3. The appellant as well as respondent No.3 in this appeal, hereinafter referred to as the complainant, were elected as Councillors of two different municipal wards in the election held on 19th September, 2003 for the Notified Area Council. Subsequently, on 30th September, 2003, the appellant was also elected as the Chairperson of the Municipal Council. On 15th October, 2003, the complainant filed an Election Petition under Section 38 of the Act questioning the election of the appellant as Councillor and Chairperson, on the ground that being a leprosy patient, he had incurred disqualification under Sections 16(1)(iv) and 17(1)(b) of the Act and, therefore, could not continue as such. It was alleged that the fact of